Request to Annex_Kress Property_Old Hwy Road W RailroadTHE CITY OF ~,,, Dubuque
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DUB E ~N-~ame~~
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Masterpiece on the Mississippi ~ ~~ '~ ~ .
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2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Voluntary Annexation -- Kress Industrial Facility
DATE: May 14, 2008
Planning Services Manager Laura Carstens recommends approval of the annexation
request from Toby Kress, Kress Industrial Facility, for annexation of 80 acres south of
Old Highway Road and west of the railroad line, in conjunction with rezoning.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~.,~ ~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
r
THfi CITY OF
,,
Dubuque
,,
DUB
E ~"
Master-piece on the Mississippi i
2007
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~~~--
SUBJECT: Voluntary Annexation -- Kress Industrial Facility
DATE: May 12, 2008
Introduction
This memorandum transmits a request by Toby Kress, Kress Industrial Facility, for
annexation of 80 acres south of Old Highway Road and west of the railroad line, in
conjunction with rezoning the property from County R-1 Residential District to City AG
Agricultural and LI Light Industrial Districts. The application, resolution, and staff report
are enclosed. Public hearings on the annexation and the rezoning are scheduled for the
May 19, 2008 City Council meeting.
Discussion
The property requested for annexation contingent on rezoning lies with the urbanized
area (i.e., within two miles) of the City of Asbury and the City of Centralia. Iowa Code
allows for these types of voluntary annexation requests be approved first by the City
Council, and then by the State of Iowa's City Development Board. The property meets
Iowa Code requirements for 50 feet of adjacent boundary for annexation to the City of
Dubuque provided that 16.17 acres of railroad right-of-way is also annexed. Because
the subject property is adjacent to Old Highway Road, the City must annex to the center
line of this County road to comply with Iowa Code. The property is adjacent to existing
industrial uses in the County and land with industrial zoning in the City.
The property is included in the City's 2006 Annexation Study Update in Area P, which is
located west of the City of Dubuque. Area P is part of the South Catfish Creek basin.
There is a limited amount of commercial and residential development along Old
Highway Road in the northern part of Area P. The majority of Area P is undeveloped
and used for agricultural use. Development of Area P will require the construction of
water main improvements and sanitary sewer improvements.
Recommendation
Staff recommends approval of the annexation request.
Enclosures
F:\USERSUCmunsonlWP\City Council\CC 05_19_08\Kress Facility Annexation Memo to MVM 05 12 08.doc
Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall. 50 W. 13 St Telephone: 589-4121
RESOLUTION NO. - 08
RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY
ANNEXATION OF TERRITORY OWNED BY KRESS INDUSTRIAL FACILITY
Whereas, Kress Industrial Facility has submitted a written application for the
voluntary annexation of approximately 80 acres of territory lying outside the corporate
limits of the City of Dubuque, Iowa, as shown in Exhibit A and legally described as Lot 3
Kunde Place #2 (the Annexation Territory); and
Whereas, the Annexation Territory is not subject to an existing annexation
moratorium; and
Whereas, the Annexation Territory does not include any state property; and
Whereas, the Annexation Territory does include railroad property and county
road right-of-way; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by
adoption of a resolution and required notification; and
Whereas, the annexation of the Annexation Territory is consistent with the
Dubuque Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa
makes it desirable that the Annexation Territory be made part of the City of Dubuque,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The corporate limits of Dubuque, Iowa are hereby extended to
include the Annexation Territory legally described above and as shown in Exhibit A.
Resolution No. -08
Page 2
Section 2. The Annexation Territory hereby annexed shall become part of the
5th Precinct of the 1St Ward of the City of Dubuque, Iowa.
Section 3. The City Clerk shall file this resolution, all exhibits and the petition
for voluntary annexation with the State of Iowa as required by law.
Passed, approved and adopted this day of
Attest:
2008.
Roy D. Buol, Mayor
Kevin S. Firnstahl, Assistant City Clerk
F:\USERS1KmunsonlWP\City Council\CC 05_19_08\Kress Facility Annexation Resolution 05 19 08.doc
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D.UB E Pia ~ ~Servf~ ~~ -4864
'"- Phone: 563-589-4210
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0 PLANNING APPLICATION CORM
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C1Conditional Use Permit Planned Dtstrkt Minor site Plan ~Aomry U,E p~~ . .
^APP~i Preliminary Plat [Q Major• site Plan Certificate of SoonomlcNon-Viability
Special t3cceptton QMtnor i9nai Plat D Mayor Final Plat pG~tiftrate of Apprpprtateness
Umited Setback Waiver ext AmenQment ~ L`~Slmpte Subdivision I~Other:
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CER7IFlCATION: I/we, the undersigned, do hereby certify that: .
1. The (nformatlon submlt~ed herein is true and correct to the best of my/aur knowiecige and upon
submittal becomes public record;
~• l=ees arc not refundable and payment does not guarantee approval; and
3. Ali additional required written and graphic materials are attached.
Property Owne ~ Date: f ~~
Applicant/Agent: - Date:
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ANNEXATION STAFF REPORT
Council Agenda: April 21, 2008
Property Location: South of Old Highway Road and west of railroad line
Property Owner: Kress Industrial Facility
Legal Description: Lot 3 Kunde Place #2
Proposed Land Use: Agricultural & Light Industrial Proposed Zoning: AG & LI
Existing Land Use: Agricultural Existing Zoning: County R-1 Single-Family
Adjacent Land Use: North -Residential/AG Adjacent Zoning: North -County R-1
East -Industrial/AG East -City Hic and LI; County R-1
South -Agricultural South -County R-1
West -Agricultural West -County R-1
Flood Plain: No
Water: Yes
Storm Sewer: No
Total Area: 80 acres
Existing Stree# Access: Yes
Sanitary Sewer: No
PurposelReason for Annexa#ion: To rezone to AG Agricultural and LI Light Industrial
District for property to be developed for industrial uses, in conjunction with annexation.
Physical Characteristics: The subject property is farmland located south of Old
Highway Road and west of the railroad line.
Conformance with Comprehensive Plan: Goal 8.4 of the Economic Development
Element of the 2002 Comprehensive Plan states: Annex additional land, as necessary
and as possible to accommodate projected commercial and industrial expansion. The
2030 Future Land Use Map designates this parcel for rural density residential
development.
Impact of Request on:
Utilities: The property can be adequately served by City water main along Old
Highway Road. City sanitary sewer service is approximately one mile away and
terminates on the south side of the landfill property.
Traffic Patterns/Counts: The subject property is west of the intersection of
Seippel Road and Old Highway Road. Based on IDOT 2005 vehicle counts,
Annexation Staff Report -Kress Industrial Facility
Page 2
Seippel Road carries approximately 1,520 ADT (average daily traffic) and Old
Highway Road carries approximately 1,450 ADT.
Public Services: Existing public services are adequate to serve the property as
it's developed for industrial purposes.
Environment: No adverse impacts provided erosion control and stormwater
management are implemented.
Adjacent Properties: The impact to adjacent properties most likely will be through
an increased volume of traffic and an increase in the ambient light level and noise
levels, depending on the nature of any future industrial uses on the subject
property.
CIP Investments: None proposed.
Staff Analysis and Recommendation: The property requested for annexation
contingent on rezoning lies with the urbanized area (i.e., within two miles) of the City of
Asbury and the City of Centralia. Iowa Code allows for these types of voluntary
annexation requests be approved first by the City Council, and then by the State of
Iowa's City Development Board. The property meets Iowa Code requirements for 50
feet of adjacent boundary for annexation to the City of Dubuque provided that 16.17
acres of railroad right-of--way is also annexed. Because the subject property is adjacent
to Old Highway Road, the City must annex to the center line of this County raad to
comply with Iawa Code. The property is adjacent to existing industrial uses in the
County and industrial zoning in the City. ,
The property is included in the City's 2006 Annexation Study Update in Area P, which is
located westerly of the City of Dubuque. Area P is part of the South Catfish Creek
basin and land forms generally slope easterly and northeasterly. The topography in
Area P is considered moderate to moderately rough. There is a limited amount of
commercial and residential development along Oid Highway Road in the northern part
of Area P. The majority of Area P is undeveloped and used for agricultural use.
Development of Area P will require the construction of water main improvements and
sanitary sewer improvements.
Staff recommends approval of the annexation request.
Prepared by: ~~,. Reviewed: k~a Date: °y~~~ 08
F:1tJSER511CmunsonlWPlCity CouncIRCC 04~2'f_081Krass Facility Annexation Staff Report ~ i4_08.doc
aLJu~u$ue • ~untac~
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COURTHOUSE - 720 CENTRAL. AVENUE
DUBUQUE, IOWA 52001-7079
PHONE: bfi3-589.4441 DONNA !.. SMIT!-!
FAX: b83-b87-3838 ERIQ MANTERNACH
WAY[JE DEMMER
December 3, 2006 •
Dubuque City Council and Zoning Board
City Hall
50 West 13°i Street
Dubuque, IA 52001-4864
Dear Mayor aad Council members and Zoning Board members;
We have recently beets notified of a concurrent voluntary annexation public hearing and rezoning to Ll,
Light Industrial for the Kress Industrial Facility. This area is approximately 75.43 acres of land, south of
Old Highway Road, currently county zoned as R-1, Residential and C-1, Conservancy. '
Kress Industrial, LLC came before the Board of Supervisors at February 12, 2007 with an application to
rezone this property from R-1, Kura! Residential to R 2, Single Family Residential and M-1, Industrial to
allow for residential and industrial development of the property. The zoning request was unanimously
denied by the Board of Supervisors. •
In light of the recent effort by Kress Industrial, LLC to include fhb voluntary annexation and rezoning
efforts, we wish to reiterate our concems. These concerns include the location of an industrial use
adjacent to existing and future residential development, the increase of industrial and residential traffic,
noise pollution associated with industrial development snd public safety concerns with ingress and egress
of industrial truck traffic and additional residential traffic. Ia addition, this proposed development does
not follow our Dubuque County Futuro Land Use Development Map which is included in our Dubuque
County Comprehensive Platt. •
We ask that you consider our concerns during this annexation proposal and the possible subsequent
rezoning of this parcel,
Sincerely,
Eric Mantentach, Chairperson
Dubuque County Board of Supervisors
cc: Anna O'Shea
PHONE: 563-589-4441
FAX: 563-587-3836
May 16, 2008
elJubuc~ue ~oc~v~tc~
G~OGG{^GL O ~(iL eN(/L~ON~
COURTHOUSE - 720 CENTRAL AVENUE
DUBUQUE, IOWA 52001-7079
Dubuque City Council and Zoning Board
City Hall
50 West 13"' Street
Dubuque, IA 52001-4864
Dear Mayor and Council and Zoning Board members;
DONNA L. SMITH
ERIC MANTERNACH
WAYNE DEMMER
We have recently been notified of the May 19, 2008 public hearing on the voluntary annexation request
concurrent with rezoning to Ll, Light Industrial for the Kress Industrial Facility. This area is
approximately 75.43 acres of land, south of Old Highway Road and west of the Chicago Central &
Pacific Railroad line, currently county zoned as R-1, Residential and C-1, Conservancy. In addition the
proposed annexation includes approximately 16.17 acres of railway right of way and Dubuque County
right of way to the centerline of adjacent Old Highway Road.
Kress Industrial, LLC came before the Board of Supervisors on February 12, 2007 with an application to
rezone this properly from R-1, Rural Residential to R-2, Single Family Residential and M-l, Industrial to
allow for residential and industrial development of the property. The zoning request was unanimously
denied by the Board of Supervisors.
In light of the recent effort by Kress Industrial, LLC to include the voluntary annexation and rezoning
efforts, we wish to reiterate our concerns. These concerns include the location of an industrial use
adjacent to existing and future residential development, the increase of industrial and residential traffic,
noise pollution associated with industrial development and public safety concerns with ingress and egress
of industrial truck traffic and additional residential traffic. In addition, this proposed development does
not follow our Dubuque County Future Land Use Development Map which is included in our Dubuque
County Comprehensive Plan.
We ask that you consider our concerns during this annexation proposal and concurrent rezoning of this
parcel.
C7 ~
Sincerely, r, J- C ~ ~j
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onna Smith, Chairperson r ~;~
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Dubuque County Board of Supervisors yam, ~': N ~
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cc: Anna O'Shea ~
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May 19, 200E
To: Members of the City Council
Re: Re-Zoning of approximately 70 acre parcel on Old Highway Road
We are asking for your approval of a zoning change from R1 to LI and Ag. In making your
decision, please consider the following points:
1) Visibility is very good. The access point that is identified on the plat is over 800 feet of visibility
in either direction. (Minimum requirement is 350 ft)
2) Storm water detention & concerns of pollution are NOT an issue. There are managed by the City
of Dubuque.
3) The property is being rezoned into 2 uses, Ag & LI. The Ag is designed to provide a natural
buffer between LI and neighboring residential.
4) There will be minimal traffic roing West on Highway 20. When exiting the site, the fastest way
to Highway 20 is by going Enst to Seippel Rd.
5) There is a need for a site zoned LI with rail access in the City of Dubuque. (None available)
Note: We have not contacted the railroad regarding a spur.
6) The Ward Subdivision (In Yellow) was developed in the past 20 years. The commercial view
existed before they bought their ]homes. (SOyrs) All past sales have shown no evidence of decreased
property values due to commercial view. In time, we will improve the view with planting of approx
200 trees.
7) We have the support of all adjoining land owners except 2. Mr. Joe Vize & Mrs. Dianne Brehm.
8) Land zoned Residential next to a railroad track & Industrial zoning is not good for a Residential
~~ development.
i t_~4a-- Mr. Kress is taking great financial risks to develop land that would help create work, jobs & taxes
''C for our city. Please support this request & make your decision based upon facts, not fears.
Respectfully,
~~~~ Advantage Realty
Greg J. Adams 11 ~ ~I}-
4029 Pennsylvania Avenue
r Dubuque, Iowa 52002
`~°'~' Office: (563) 588-3078
Fax: (563) 588-1799
Each Office Independently Owned and Operated